Odato: Tough order to get unanimity in secret

Updated 6:56 am, Monday, October 28, 2013

The executive order from Gov. Andrew Cuomo that set up the Moreland Commission spells out that the three co-chairs must unanimously approve any subpoena prior to its issuance.

But two of the co-chairs are district attorneys who have collected campaign contributions and may be recusing themselves to avoid potential conflicts, according to the Moreland Commission's spokeswoman. How can the trio of leaders issue subpoenas proposed to go to campaign contributors of the co-chairs if they are rendering themselves ineligible on certain probes?

"We're not going to get into specifics about operations, investigations or subpoenas," said Michelle Duffy, press officer for the commission, whose deliberations are behind closed doors. She said that the process agreed to by the commissioners is that members who have a conflict of interest will not take part in any facet of an investigation of the matter.

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Some lawyers who have analyzed the executive order suggest that if co-chairs and sitting district attorneys Kathleen Rice of Nassau County and William J. Fitzpatrick of Onondaga County recuse themselves because they are too close to donors targeted for subpoenas, non-elected co-chair Milton L. Williams Jr. becomes the key voice on the panel.

Williams, a lawyer, is in private practice as a partner in a Manhattan law firm that specializes in employment law. He previously served as an assistant U.S. attorney in Manhattan and an assistant district attorney in New York City. He worked for many years as deputy general counsel and compliance officer for Time Inc., including in 2006 when the company made just three campaign contributions: $1,000 to Sen. Dean Skelos, R-Nassau County; $1,000 to the Assembly Democratic Campaign Committee; and $250 to former Assemblyman Jonathan Bing, D-Manhattan.

Waiting and hoping within JCOPE

Another government panel that meets in private and divided on issues is meeting Tuesday. A few people within and close to state government with ties to the Joint Commission on Public Ethics say the commissioners are planning to try another vote on the preferred candidate for executive director, Letizia Tagliafierro. She is JCOPE's director of investigations and is a protege of the Cuomo administration. Tagliafierro, a lawyer who has handled external and governmental affairs for Cuomo's gubernatorial and attorney general operations, couldn't get enough votes in a commission meeting earlier this year, according to a person in the legal community briefed on the matter.

The commission may take up the executive director issue at its regularly scheduled meeting in Albany, two people familiar with the matter say.

LG candidate sought

It's looking likely to many Democrats that Gov. Robert Duffy won't be joining Gov. Andrew Cuomo in any re-election campaign, and a list of likely running mates has begun to emerge, several Democrats said.

Although these Democrats don't want to reveal themselves, they say it is likely that the governor would run again with someone from western New York — where he identified a need when he selected Duffy, the former mayor of Rochester. This time, Democratic leaders say, the governor will likely prefer a woman. If the regional credentials are indeed important to Cuomo, his list of possibilities would likely be topped by M&T Bank Corp.'s most recent vice president of government relations, former Congresswoman Kathy Hochul. Other women on the list include former Assemblywoman RoAnn Destito, who is Cuomo's commissioner of the Office of General Services, although her home is central New York; and a broader list might include Assemblywoman Donna Lupardo of Broome County in the Southern Tier, who has seen eye-to-eye with him on going slow on hyrdrofracturing for natural gas. Some Democrats expect Buffalo Mayor Byron Brown to get a serious look. He has emerged as a prominent elected official on the New York Jobs Now PAC working to support Cuomo's casino expansion proposal.

The task force issued a report in 2008, but has not said what it's been up to since. The group's term expired in September.

Hevesi called for the agency heads to answer a series of questions about the task force's work by mid-January or his committee "will consider other options available to it," the letter said.

In an interview, Hevesi said he is concerned about whether the myriad commissions established by the executive and Legislature are functioning. He said he isn't going on the attack, but does want his committee to be relevant.

Janine Kava, a spokeswoman for Green, said responses to the letter will be made by OTADA and DCJS. She said the task force is "very active." It has been regularly convening, she said, to find ways to prevent trafficking crimes and provide services to victims.